REQUEST FOR DECISION
DATE: May 14, 2016 Report No. DEV-16-037
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Exemption to minimum frontage for proposed two-lot subdivision, 1038 Colville Road, pursuant to Section 512 of the Local Government Act.
End
RECOMMENDATION:
Recommendation
That Council grant an exemption to the proposed minimum frontage on a highway for proposed Lots 1 and 2, Plan EPP59333 (1038 Colville Road) from 10 percent to 9.7 percent.
Body
RELEVANT POLICY:
Section 512 of the Local Government Act
Zoning Bylaw, 1992, No. 2050
Official Community Plan Bylaw No. 2646
STRATEGIC RELEVANCE:
The proposed subdivision (Schedule "A") supports Council's strategic objective to, "Support community growth and development consistent with our Official Community Plan."
BACKGROUND:
On September 14, 2015, Council approved Bylaw No. 2849, being a bylaw to rezone the property at 1038 Colville Road from RD-3 (Two-family/Single-family residential) to CD-92 (Comprehensive Development-92). The new zoning allowed the property to be subdivided into two lots. On March 30, 2016, Council approved the development permit for the subdivision. The subdivision application is now ready for approval. However, before it can be approved, Council must grant an exemption to Section 512 (1) of the Local Government Act which states:
512 (1) If a parcel being created by a subdivision fronts on a highway, the minimum frontage on the highway must be the greater of
(a) 10% of the perimeter of the lot that fronts on the highway, and
(b) the minimum frontage that the local government may, by bylaw, provide.
Since the proposed minimum frontage of the two lots is 9.75 percent of the perimeter, it is necessary for Council to grant an exemption pursuant to Section 512 (2) of the Local Government Act which states:
512 (2) A local government may exempt a parcel from the statutory or bylaw minimum frontage pro...
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